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(영문) 서울남부지방법원 2013.09.10 2013고정1524
강제추행
Text

The prosecution of this case is dismissed.

Reasons

1. Around 20:40 on August 13, 201, the Defendant: (a) performed alcohol on the alleyway near “D Hospital” located in Seocheon-gu, Seocheon-gu; (b) she was faced with the upper part of the right eye of the body; and (c) she was sent back to the F Hospital emergency room located in Seocheon-gu, Seocheon-gu, Seocheon-si, Seoul. for treatment at around 21:00 on the same day.

After having arrived at the emergency room of the above F Hospital, the defendant expressed that the victim G (n, 24) who is a nurse intends to put the defendant on the bed in the bed room located in the emergency room, caused the sudden desire of the defendant, and expressed the victim and the nurse at the emergency room "I wish to get out of the bed," and "I want to get out of the bed," and "I want to get out of the bed, I want to get out of the bed," and "I want to get out of the bed, I want to get out of the bed," and return to the nurse the victim to the bed, I am out of the bed, let the victim kn's hand back to the bed, again kn's hand back to the bed of the victim, and committed an indecent act by force of the victim, such as bringing out three times the chest of the victim's chest with a kid hand.

2. The grounds for dismissing the public prosecution are the facts charged in this case that fall under Article 298 of the Criminal Act (Amended by Act No. 11574, Dec. 18, 2012); and the facts charged in this case can be prosecuted only upon a complaint filed under Article 306 of the same Act.

According to the records, since the victim G can recognize the fact that the victim G withdraws a complaint, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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